The last update to our Terms of Service was posted on 29th December 2016
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our domains and related subdomains (collectively, “Websites”), as owned and operated by Wipeout Media.
We may amend our Legal Terms at any time without specific notice to you. The latest version will be posted on our Websites and will be effective as of the date last updated. After any revisions to our Legal Terms are posted, you agree to be bound to any changes made. You should periodically review our Legal Terms and if you do not accept our Legal Terms, you should discontinue your access to our Websites and not purchase any Products through them.
The terms, “us” or “we” or “our” refers to Wipeout Media, the owner of the Websites.
A “Customer” is an individual or business that has purchased Products through our Websites.
A “Product” is a software product that we have created for resale through our Websites.
A “Visitor” is someone who merely browses our Websites.
All text, information, graphics, audio, video, and data offered through our Websites, whether free to all or part of any paid features, are collectively known as our “Content”. We may refer to Content provided by our Customers as “Customer Content.” When we refer to our Websites, our Content is included by reference.
Our Product (Teacher’s Companion) is protected by copyright laws and international copyright contracts as well as other laws and agreements on intellectual property. The Product hereunder shall be treated according to these laws and agreements. The worldwide exclusive and unlimited right of utilisation relating to this Software is owned by the Licensor. The Licensee shall be entitled to make a copy of the Software for backup and archiving purposes.
- The Licensee shall not be permitted to reverse engineer, decompile or disassemble the software hereunder, except for and only to the extent to which the laws applicable expressly authorise this, notwithstanding the above restriction.
- The Software is considered as a unit and is licensed as such. The Licensee is not authorised to create derivative works based on the Software or to use separate components individually.
- The Licensee is in no way entitled to let, lease or grant the Software to any third parties.
- To be able to use the Software identified as an Update or an Upgrade, the Licensee shall first have acquired a license of said Software for the Update or Upgrade. After acquiring a license for the Update or Upgrade, the Licensee shall be entitled to use the Software pursuant to the provisions of this EULA. Following acquisition of a license of the Update or Upgrade, the Licensee shall no longer be entitled to use the prerelease of the Software.
- The Licensee shall only be entitled to permanently transfer his rights arising from this EULA, provided that he also concurrently transfers his ownership rights to the hardware unit to a third party. A permissible transfer shall cover the complete Software (including all copies thereof), all components, Updates, Upgrades, data carriers, printed materials, this EULA and, if available, a Certificate of Authenticity. No copy of the Software may be retained. Before said transfer, the receiving party shall agree to all provisions of this EULA. If the Software to be transferred is an Update or an Upgrade, any transfer thereof shall also include all earlier releases of said Software.
Support & Upgrades
In regard to our support and upgrade mechanisms for our premium product offerings, we offer support and upgrades only to those Customers that have valid licenses for such products. Our support is limited to forum and email support and we make no warranties or guarantees with regards to response times for support issues. We don’t offer support for anything other than our Products.
We do not provide support and software upgrades for anyone who has obtained Teacher’s Companion for free, including but not limited to: beta, demo, or commercial releases.
Anyone who has obtained a copy of Teacher’s Companion by filling out our Feedback Form will get a free commercial copy of Teacher’s Companion when it is released. This is a once-off download for the first commercial version of Teacher’s Companion, and does not include support or software upgrades.
Our Legal Terms are governed by the Australian Digital Signature Law. As such, your use of our Websites and Product do not require physical signature of our Legal Terms to be legal binding upon you. You understand that you waive any rights to signature-based defences.
Our Intellectual Property
You understand and agree that our Websites and related technologies are protected by international copyright laws and as such, you will not attempt to reverse engineer or otherwise copy our Websites and related technologies other than is necessary for its intended use. Any violation of this provision is grounds for subjecting you to civil and criminal action under current international copyright laws. You understand and agree that Wipeout Media, and other Product and company names mentioned on our Websites may be trademarks and/or service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any Product or service in any manner which violates international trademark law.
No Liability for Access by Minors
Wipeout Media is not responsible for determining the age of its users and has no liability whatsoever should a minor use our Websites but would otherwise be prohibited due to the minor’s age.
General Content Disclaimer
The opinions expressed on our Websites are strictly those of the person who gave them and are no way endorsed or otherwise supported by Wipeout Media, other than that they appear on our Websites. You understand and agree that you rely upon any content found on our Websites solely at your own risk. Individual content provided by Customers represents their own ideas and positions and are not in any way edited by Wipeout Media, though we may remove content that is abrasive, inflammatory, racial, or violates state or federal laws. However, Wipeout Media has no obligation to update any content on our Websites, and we do so at our sole discretion.
Our Websites’ Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date, and similar to any printed materials, it may become out-of-date.
Product Liability Disclaimer
To the extent allowed by law, Wipeout Media disclaims any and all liability for any Products sold through our Websites. You agree that you will at all times look to the manufacturers of any such Products for any legal claims, including damages, injuries, or warranties, you may have regarding the Products.
General Liability Disclaimer
Wipeout Media is not responsible or liable in any manner for any content on our Websites, including, but not limited to, factual information, 3rd party applications, viruses, etc. as posted on our Websites or caused by users of the Websites, or in connection with third parties or by any of the equipment or programming associated with or utilised in our Websites. Although we provide rules for user conduct and postings, we do not control nor are not responsible for what users post, transmit or share on our Websites. Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Websites. Wipeout Media is not responsible for the conduct, whether online or offline, of any user of the Websites.
Our Websites may be temporarily unavailable from time to time for maintenance or other reasons. Wipeout Media assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user communications in your use of our Websites. Wipeout Media is not responsible for any technical malfunction in your use of our Websites, including, but not limited to, problems with using the Websites, loss of personal content on our Websites, and lost or undeliverable email. Under no circumstances will Wipeout Media be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Websites, or any interactions between users of our Websites, whether online or offline.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WIPEOUT MEDIA AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE AS FOUND ON OUR WEBSITES. WIPEOUT MEDIA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITES AND ANY PRODUCTS YOU MAY PURCHASE THROUGH THEM. WIPEOUT MEDIA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS FOUND ON OUR WEBSITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT OUR WEBSITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SERVICE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNISED SERVICE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SERVICE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH OUR WEBSITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
WIPEOUT MEDIA AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. OUR WEBSITES, ANY PRODUCTS YOU MAY PURCHASE THROUGH THEM, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL WIPEOUT MEDIA OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITES, ANY PRODUCTS YOU MAY PURCHASE THROUGH THEM,CONTENT, OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITES, EVEN IF WIPEOUT MEDIA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WIPEOUT MEDIA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WIPEOUT MEDIA FOR THE PURCHASE GIVING RISE TO LIABILITY.
Waiver of Liability for Links to Other Websites
Our Websites may contain links to other websites. You understand and agree that Wipeout Media has no control over the content of any such websites, especially with regards to the accuracy, reliability, and timeliness of their content. These websites will have their own legal terms to which you must agree to use them. As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk. You understand and agree that Wipeout Media is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached such a website through our Websites.
Monitoring and Removal of Information
You understand and agree that Wipeout Media reserves the right to monitor all public postings and messages to ensure that they conform to our content guidelines. We also reserve the right to monitor all messages and chats that take place through our Websites. You understand and agree that monitoring is at our discretion and that we cannot and do not monitor every message or other material posted or sent by Customers of our Websites. You understand and agree that Wipeout Media is not responsible in any way for monitoring or failing to monitor any offensive or obscene materials that may be transmitted or posted by other users, including, but not limited to, current Customers, unauthorised users, hackers, etc. Furthermore, you also understand and agree that Wipeout Media is not responsible for the use of any personal information that a Member may choose to post on our Websites. However, you understand and agree that Wipeout Media reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.
Promotional Lists and Newsletters
You understand and agree that by using our Websites, your name may be placed on promotional lists to receive emails regarding our Websites and any Products offered through them, news from our affiliates, and the Wipeout Media newsletter. If at any time you no longer wish to receive such emails, please send email to firstname.lastname@example.org to unsubscribe.
Advertisers, User Contributions, Testimonials and Opinions
You understand that our Websites and any emails you receive from Wipeout Media or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, Customer, other users of our Websites, manufacturers or providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Websites. Furthermore, you understand and agree that Wipeout Media is no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.
Rules of Conduct While Using Our Websites
All users of our Websites understand and agree to the following rules of conduct while using our Websites:
- You agree to use our Websites, their Content, and Products and solely for its intended purposes only.
- You agree to abide by our Legal Terms.
- You agree to not use our Websites or any content obtained from them to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
- You agree to not use automated scripts to collect information from or otherwise interact with our Websites.
- You agree to not harvest or collect email addresses or other contact information from users of our Websites for the purposes of sending unsolicited emails or other unsolicited communications.
- You agree to not upload, post, or otherwise transmit any content to our Wipeout Media, our Websites, our affiliates, and Customers:
- That is unlawful, harmful, threatening, defamatory, vulgar, obscene, abusive, harassing, tortuous, libellous, invasive of another’s privacy, hateful, or racially, harms minors, or is ethically or otherwise objectionable.
- That you do not have a right to transmit under any law or under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
- That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- That interferes with or disrupts the Wipeout Media servers or networks.
- That intentionally or unintentionally violates any applicable local, state, national or international law.
- That collects, displays, or stores personal data about other users or third parties, through programmatic or any other means, including, but not limited to, addresses, phone numbers, email addresses, identification or tax numbers, and credit card numbers.
- That promotes or provides instructional information about illegal activities; promotes hate, physical harm or injury against any group or individual; or promotes any act of cruelty to animals. This may include, but is not limited to offers of prostitution, the illegal sale of firearms, instructions on how to commit crimes, selling alcohol to minors, etc.
- That is in any way considered unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- That, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Websites, or which may expose Wipeout Media and its users to any harm or liability.
- For Customers, you agree that while we do not claim ownership in any of your content, when you post content to our Websites or through email to us, you authorise and direct us to use and make such copies thereof as we deem necessary in order to facilitate services. Also, by doing this, you also automatically grant, and warrant that you have the right to grant, to Wipeout Media an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with our Websites or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorise sub-licenses of the foregoing.
- For Customers, you agree that your interaction with our Websites or purchase of Products through them, in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Wipeout Media and you.
- For Customers, you agree to provide us with a current email address that you have access to and actively monitor.
You agree to indemnify Wipeout Media and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, Product providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or the use of our Websites and any Products you purchase through them.
Release of Personal Information
Payments for Products
You must purchase a license for our Products in order to use them. You represent and warrant that when you make any payments to Wipeout Media:
- You agree to pay the fees at our then-current prices as posted on our Website or provide to you as a quotation, including any applicable taxes
- You agree to provide true and complete credit and billing information;
- You agree that fee will be honoured by your bank or credit card company; AND
- You agree that if your initial payment method is dishonoured, you will still pay the charges incurred, including any surcharge we may incur due to such dishonoured payment.
Wipeout Media has the following policies with regards to our Products:
- Products sold through our Websites are usually delivered in seventy-two (72) hours after payment completion and verification. As such, actual delivery times from the date of order may vary.
- Products are considered delivered once the delivery email containing the ordered Product is sent to your email address. Unless otherwise specified at the time of order, Wipeout Media deliver our Products electronically by email to the email address provided at the time of order. You are solely responsible for insuring that you have provided a correct and working email address to receive delivery. Wipeout Media is not liable for Products not delivered due to you or any third party’s email issues, including, but not limited to, SPAM filters, antivirus programs, security settings, and account file size restrictions. If you do not receive your Product within five (5) business days after ordering, please contact our customer service immediately. Your failure to contact our customer service for such issues is considered acceptance of the delivery.
Limited Refund Policy
Generally, Wipeout Media does not provide refunds for the Products you purchase through our Websites. However, Wipeout Media may allow a full or partial refund, in its sole discretion, after reviewing the circumstances. To be eligible for a refund, you must complete our online Refund Request Form, which includes your name, the goods or service involved, the amount you paid, the amount of your request refund, and a detailed explanation of why you are requesting a refund. You understand that where you have purchased third party goods or services, any determination of refund will also be subject to the terms of such third party’s refund policy.
We review refund requests on an individual basis. We will attempt to review your request and notify you by email of our decision within ten (10) business days after receiving such requests, but you understand that depending on the nature of your goods or services, we may take longer to respond. Refund requests must be submitted within sixty (30) days after you make payment; in no event, will Wipeout Media consider refund requests after this period. If we contact you for additional information to process your refund request, you agree to respond within seven (7) business days. Failure to respond within this period will result in the immediate and permanent denial of your refund request.
All decisions of Wipeout Media are final and non appealable. If we decide to issue a refund, we will issue you the amount of the refund through the payment method you used to make the payment receiving a refund. If you attempt to stop payment in response to a declined refund request, we will be forced to turn over your information to authorities for fraud prosecution.
Wipeout Media has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue with our Products or services. However, if you start a charge-back process regarding our Products or services with your bank or credit card company, Wipeout Media reserves the right to turn over all related materials to your bank and credit card company to show that the Product or service has been rendered to you as well as to turn over your information to authorities for fraud prosecution. In addition to our fees, you will also be liable for any administrative costs we incur in processing such charge-back.
Choice of Law
You agree that the laws of country of Australia are to be used with regards to any interactions with Wipeout Media, our Websites, and any Products you purchase through them, except where a third party provides such Products, in which case you may be subject to the laws of country and jurisdiction of such third party.
Arbitration of Disputes
To the extent allowed by law, we each irrevocably waive any and all rights to trial by jury in any legal proceeding between the parties arising out of or related to our Websites or any Products or services sold through them. All disputes must be brought within one (1) year of the event giving rise to the dispute. If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with our Wipeout Media, our Websites, or any Products you purchase through them, you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in the city of Perth in the country of Australia, in accordance with the rules of the Australian Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Wipeout Media. If we cannot agree on an arbitrator, then the Australian Arbitration Association shall select an arbitrator. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Wipeout Media on or by our Websites or otherwise disclosed, submitted or offered in connection with your use of our Websites, including, without limitation, completing online forms or surveys, public postings, or emails sent to us by you (collectively, “Communication”) shall be and remain the property of Wipeout Media. Wipeout Media is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to our Websites will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Communication submitted by you to our Websites will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through our Websites. You agree that Wipeout Media may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to our Websites, our Products or services, or for such other purposes as Wipeout Media deems appropriate.
Use of our Websites is unauthorised in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Wipeout Media has endeavoured to comply with all legal requirements known to it in creating and maintaining our Websites but makes no representation that materials on our Websites are appropriate or available for use in any particular jurisdiction. Use of our Websites is unauthorised in any jurisdiction where all or any portion of our Websites may violate any legal requirements and you agree not to access our Websites in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use. Any alleged waiver of any breach of these Legal Terms shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Wipeout Media in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of our Websites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Wipeout Media in printed form.